Trevor Bauer's defamation scenario towards accuser's previous legal professional could be thrown out

Dodgers pitcher Trevor Bauer and his attorneys misrepresented the results of the decide who denied a restraining purchase to a female who accused him of sexual assault, according to a tentative ruling posted on a federal court docket site Friday.

The ruling, if it stands, would toss out Bauer’s defamation scenario against Fred Thiagarajah, a former attorney for the accuser. U.S. District Court docket Decide James Selna said possibly aspect could ask for a listening to ahead of the ruling is finalized.

Bauer has sued 5 other parties for defamation, together with the accuser, the Athletic and Deadspin. People situations are pending, as is Bauer’s charm of his two-yr suspension for violating baseball’s policy on sexual assault and domestic violence.

Bauer argued he experienced been defamed in portion since Thiagarajah explained to the Washington Submit “there’s no doubt Mr. Bauer just brutalized” the woman, a finding proof experienced “established to 100 p.c certainty.” Bauer noted the Los Angeles County district attorney declined to cost him with a crime, and Los Angeles Superior Court Choose Dianna Gould-Saltman denied the woman’s ask for for a restraining get.

In his tentative ruling, Selna wrote Thiagarajah spoke in his part as an advocate for the girl. Selna also explained Bauer “conspicuously omits” in his complaint Thiagarajah’s subsequent comment in the Put up tale: “The challenge was no matter if or not she consented to the abuse.”

Wrote Selna: “Judge Gould-Saltman herself mentioned that [the woman’s] accidents ended up ‘terrible.’ Bauer does not current any persuasive argument as to why Thiagarajah’s working with a synonym of the court’s have language misstates the court’s results. Instead, the condition court’s conclusion to deny [the restraining order] was premised on insufficient proof of consent and the risk of future damage, not on doubts as to whether Bauer inflicted the ‘terrible’ accidents.”

In her ruling, Gould-Saltman cited “the accidents as demonstrated in the photographs,” which the girl involved in the request for the restraining buy.

Bauer’s lawyers because have delivered the federal court with a video clip that they assert displays the girl in bed with Bauer, “smirking and uninjured” after the sexual face that allegedly resulted in the injuries.

Bauer previously had explained in court filings that “the images did not reflect what she appeared like when she left” his household that working day, but the video clip was the first evidence in assistance of that allegation.

In the woman’s declare, her lawyers said Bauer had talked over the incident in a phone taped by police and “did not dispute that he had punched [the woman] and that accomplishing so resulted in black eyes.”

The woman’s lawyers also mentioned Bauer experienced punched her in the buttocks, vagina and groin, parts not demonstrated in the video clip. The woman was examined in a healthcare facility later on that day, exactly where she was diagnosed with “acute head injury” and “assault by guide strangulation.”